Sharing private sexual images can bring penalties and lawsuits

The law defines a sexually expressive image to include real, altered, or computer-generated pictures or visual depictions. The definition covers images showing a nude or partly nude person, or sexual conduct.

A person who knows an image’s character and content may commit a misdemeanor by secretly creating or knowingly possessing a secretly created image without written consent from each person with a reasonable expectation of privacy. These rules cover people who create, possess, acquire, distribute, or publish sexually expressive images. Sharing or publishing an image is a class A misdemeanor when done to cause emotional harm or humiliation to a depicted person who reasonably expects privacy, or after that person or their parent or guardian gives notice of nonconsent. Knowingly acquiring and distributing an image created without the subject’s consent is a class B misdemeanor. Exceptions cover qualifying works sold through ordinary wholesale or retail outlets, use in investigations or legal cases, and medical or police work within job duties. A parent or guardian may give permission for certain images of a minor, subject to another law’s restriction.

An identifiable person harmed by a violation may sue if the person who caused the harm engaged in specified image-related conduct for sexual arousal, gratification, humiliation, degradation, or financial gain. The person suing must be identifiable and harmed by a violation of the image-related rules. A winning plaintiff may recover proven economic and noneconomic damages, or statutory damages of up to $10,000 from each liable defendant, plus any money the defendant gained and exemplary damages. The court may award attorney fees, costs, or other remedies, including an order to stop conduct. The court may protect the plaintiff’s identity in court papers, and other state and federal rights and remedies remain available.